Landlord-Tenant Law

Question 1

What is a Term of Years?

Answer 1

An estate that lasts for some fixed period of time or for a period computable by a formula

Commencement date and end date can be calculated from the onset

Question 2

What is a periodic tendency?

Answer 2

Tenancy is a lease for a period of some fixed duration that continues for succeeding periods until either the landlord or tenant gives notices of termination

Question 3

What is the termination rule for a periodic tenancy?

Answer 3

Period < 6 months: Termination notice must be provided same period in advance

Period > 6 months: 6 months termination notice

Question 4

What is a tenancy at will?

Answer 4

Tenancy of no fixed period that endures so long as both landlord and tenant desire

Question 5

How is a tenancy at will terminated?

Answer 5

Modern statutes ordinarily require a period of notice

In most states, for residential properties, period of notice = 30 days

Question 6

If lessor is given the right to terminate a tenancy, does the lessee get that same right? What about vice-versa?

Answer 6

Yes, no

Question 7

What is the English (preferred) default rule on delivery of possession?

Answer 7

Covenant requiring lessor to put lessee in possession; the lessor is only responsible on the first day of the lessee’s term

Question 8

What is the American default rule on delivery of possession?

Answer 8

Landlord has not covenanted against wrongful acts of another and should not be held responsible for tort of another unless expressly contracted

Question 9

What is privity of estate?

Answer 9

Occurs whenever two individuals have a concurrent interest in the land

Question 10

What are the covenants owed under privity of estate?

Answer 10

Lessor: Put lessee into legal possession, cannot interfere for term of tenancy

Lessee: Pay rent, don’t commit waste, abide by any additional covenants

Question 11

What is privity of contract?

Answer 11

Obligations/duties that are in a contract; can bind multiple parties

Question 12

What is novation?

Answer 12

Substitutes one party for another; cannot be done by sub-lease or assignment

Question 13

How does 3PB Theory factor into landlord-tenant law?

Answer 13

Sub-lessee is not in privity of contract with lessor per se, but benefits from the agreement between the lessor and the lessee so the lessor can sue them under this theory

Question 14

What is the majority view in distinguishing an assignment from a sub-lease?

Answer 14

Lessee transfers entire interest/whole remainder to sub-lessee

If lessee retains a reversion, it is a sub-lease

Question 15

What is the minority view in distinguishing an assignment from a sub-lease?

Answer 15

Look at the intent of the parties

Question 16

What is the majority rule on landlord consent to tenant interest transfer?

Answer 16

Landlord consent may be arbitrarily withheld

Question 17

What is the minority rule on landlord consent to tenant interest transfer?

Answer 17

Landlord cannot unreasonably/arbitrarily withhold consent

Question 18

In a minority view jurisdiction, what is a LL not allowed to use as a factor in deciding whether to withhold consent to a tenant interest factor?

Answer 18

Personal taste, convenience, sensibility

Question 19

What is Dumpor’s Rule (VA)?

Answer 19

If a landlord consents to a transfer, they must expressly retain the right to object to future transfers

Question 20

What are the qualities of a defaulting tenant?

Answer 20

Failure to pay rent, failure to fulfill lease obligation, or failing to vacate

Question 21

What is the CL view for when a LL rightfully retakes possession from a defaulting tenant?

Answer 21

Independent right to take possession
Landlord’s mean of entry is peaceable

Question 22

What is the Minnesota view for when a LL rightfully retakes possession from a defaulting tenant?

Answer 22

Landlord may not use self-help

Question 23

What is an explicit offer of surrender from a tenant?

Answer 23

The tenant invites the LL to come re-take possession

Question 24

What are the qualities of abandonment?

Answer 24

Abandonment is an implied offer of surrender (QoF)

Vacates lease premises without justification
Lacks present intent to return
Defaults on the payment of rent

Question 25

When does a LL impliedly accept an offer of surrender?

Answer 25

Based on determination of their intent: Whether their actions are inconsistent with continuation of the lease

Question 26

What is the CL rule on whether a LL can collect back-rent and damages from an abandoning tenant?

Answer 26

There is no mitigation requirement, but if the LL impliedly accepts abandonment there are no damages

Say to abandoning tenant “they are re-letting on tenant’s behalf” and accept abandonment once they find a new tenant

Question 27

What is the modern rule on whether a LL can collect back-rent and damages from an abandoning tenant?

Answer 27

The LL must make reasonable efforts to mitigate
Vacant Stock Rule: LL treats apartment like all other vacant apartments
If no reasonable attempts to mitigate, no damages

Question 28

What is an acceleration clause?

Answer 28

Modern leases contain a clause that, where there is no duty to mitigate, lessor can accelerate lease and collect full payment and new rent from re-letting the premises

Question 29

What are the LL duties on the covenant of quiet enjoyment?

Answer 29

Maintain common areas
Not to make negligent repairs
Abate other tenants’ nuisances
Disclose latent defects/abstain from fraudulent misrepresentation

Question 30

What is actual eviction? What is the remedy?

Answer 30

Tenant is deprived of the occupancy of some part of the demised premises

Lease and rent obligation terminated

Question 31

What is the doctrine of partial actual eviction? What is the remedy?

Answer 31

If lessor partly evicts a tenant, the tenant’s entire obligation to pay rent is suspended

Entire obligation to pay rent is suspended

Question 32

What is constructive eviction? What is the remedy?

Answer 32

The lessor, without intent of ousting the lessee, does an act by which the latter is deprived of the beneficial enjoyment of some part of the premises

Applicable if lessor does not perform one of the duties under the covenant of quiet enjoyment

Lessee must abandon the premises in a reasonable time to get the remedy of the lease and rent obligation being terminated

Question 33

What is the remedy for partial constructive eviction?

Answer 33

Remedy is abatement

Question 34

At early CL, could a lessee sue on constructive eviction under the covenant of quiet enjoyment?

Answer 34

No, they could only sue on what is expressly said in the lease

Question 35

What is the implied warranty of habitability?

Answer 35

Adopted by half of states, LL has a duty to provide a habitable space, and the court focuses specifically on health and essential facilities and whether the property is uninhabitable in the eyes of a reasonable person

Cannot be waived

Evidence of breach is breach of housing or anything that gives rise to CL constructive eviction

Question 36

What is the remedy for a breach of the implied warranty of habitability?

Answer 36

Damages, rescission, and reformation

Hilder damages calculation: Difference between value of dwelling as warranted and value of the dwelling as it exists in its defective condition

Tenant may remain in possession but withhold rent

If lessee makes repairs themselves, they can deduct rent